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Home My WebLink About1999-05-03 CA Fax Forwarding Site Related Agreements 05/03/1999 14:23 ECKBERG LAW 4 4390574 NO.785 D01 * • LAW OFFICES OF Eekberg. Lammers, Briggs, Wolff{ & Vier1ing, P.1..L.P. 1.833 Nortl,wostern AVCnite Stillwater. Minnesota 53082 I.�lc . 1 . E.L erg .1a,ut:e l' . LeM er5 Robert G. 13risgss. (C 5L) •439 - 2878 Paul A. Wolff Mork J. Vicrlinq• FAX (G51)4,39 (19.14 -I99e) Gregory G. Geller. rQa41ifiA : \rbi,raaor & Mediatu• 1 I,nmd3 J. Werner* S ,1 rbitr.tor Susea p. QLLun. COVER .SHEET - FACSIMILE TRANSMISSION *Certified Real G[l.la Spco..lict De. ;d 1i. Sn• t cr .Q..l.ti.d V.. •.I +t.d;.ter 1.7vos, I.)i DATE: May 3, 199 Please deliver the following page(s) to: FAX NO: 439 -0574 NAME: Kris Danielson /Scott Richards FROM: Mark J. Vierling TOTAL NUMBER OF PAGES 10 , INCLUDING COVER SHEET. The pages comprising this facsimile transmission contain confidential information from Eckberg, Lammers, Briggs, Wolff & Vierling. This information ie intended solely for use by the individual or entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution - , or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. violation of this confidentiality notice could constitute a basis for a claim for damages against the violation. If you received this communication in error, please immediately notify us by telephone at (612) 439 - 2878. IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL US BACK AS SOON AS POSSIBLE AT (612) 439 -2878 COMMENTSo For your review I ' * * * * * * * * * * * HARD COPY WILL NOT FOLLOW BY MAIL 05/03/1999 14:23 ECKBERG LAW 4 4390574 N0.785 P02 4 CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT FOR SECURE MINI STORAGE File No.: Date Issued: Legal Description: (Washington County Geo. Code Lots 8, 9 and 10, Block Two, Kern Center 2nd Addition Owner: Secure Mini Storage Limited Partnership Address: 3245 Hiawatha Avenue South Minneapolis, Minnesota. 55406 Site Address: 5710 Memorial Avenue North Oak Park Heicrhte. Minne ,sota 55082 Present Zoning District: B -3 Permitted uses set forth in Ordinance 401 Section 401.300 I. CONDITIONAL USE PERMIT FOR: All uses shall be subject to the following conditions and /or restrictions imposed by the City Council of the City of Oak Park Heights. General Description: 1. Storage facility construction of two additional buildings to be im.1 -11-nted .e. - ubmitted and a. .roved 'lat.. All F. ructures to be com.liant with building and fire codes. 2. 3. 05/03/1999 14:23 ECKBERG LAW 4 4390574 NO.785 003 • • . . 4. II. ADDITIONAL RESTRICTIONS AND PROVISIONS. The following additional restrictions and provisions being part of the Conditional Use Permit to be issued herein affecting the following matters shall be: A. Accessory Buildings Existing on site B. Fencing Existing on site C. Exterior Storage None D. Chemical /Pollutant Storage and Disposal None E. Screening F. Landscaping Plantings of mature Black Hills Spruce to be made along the northern and southern boundaries per plan to be approved by City Staff. G. Lighting Lighting plans must be submitted and approved by City Staff. H. Parking Parking, loading, driveway, fire lane design and fire hydrant location shall be subject to approval by the Fire Chief and City Staff I. Hours of operation Existing 05/03/1999 14:23 ECKBERG LAW 4 4390574 NO.785 D04 • • CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT FOR HUMAN SERVICES, INC. File No.: Date Issued: April 28. 1999 Legal Description: (Washington County Geo. Code See Exhibit "A" attached hereto Owner: W.A.T.E. Enterprises, Inc. Address: 5620 Memorial Avenue Oak Park Heights, Minnesota 55082 Permitter: Human Services Inc. Present Zoning District: B -3 Permitted uses set forth in Ordinance Section 1.. CONDITIONAL USE PERMIT FORg Human Services, Inc. All uses shall be subject to the following conditions and /or restrictions imposed by the City Council of the City of Oak Park Heights. General Description: 1. HSI will operate a Therapeutic Learning Center Day Treatment Program and t - PLACE 1 Learnin. A Coo.erative ietence Pro -ram out of _eased space within this building subject to the following conditions: A. Only the Therapeutic Learning Center and PLACE Programs will be operated out of this space_ B. These •ro•rams will enro no more a. -n 25 stu• collectivel . C. Parkin stalls will be clearly marked and striped to provide at least a total of 50 parking spaces. D. Three 3 handica..ed accessible •arkin.• stalls will .e •rov'•_ -•. E. rans.orta •b ill be ..vi.ed b .I trans•orter= and • - hool districts where the PL CE ptudents reside. • 05/03/1999 14:23 ECKBERG LAW 4 4390574 NO.785 D05 . . F. Hours of instruction shall be from 8:30 a.m. to 2:30 p.m. G. This building must be connected to City water and sanitary sewer by July 1, 2000. H. Occupancy of the building shall be allowed on an interim basis until July 1. 2000 when the building must fully comply with building and fire codes requiring fire suppression system (sprinklers). II. ADDITIONAL RESTRICTIONS AND PROVISIONS. The following additional restrictions and provisions being part of the Conditional Use Permit to be issued herein affecting the following matters shall be: A. Accessory Buildings None for this use B. Fencing None for this use C. Exterior Storage None for this use D. Chemical /Pollutant Storage and Disposal None. E. Screening Existing on site F. Landscaping Existing on site G. Lighting Existing on site H. Parking See above 1. Hours of Operation See above 05/03/1999 14:23 ECKBERG LAW a 4390574 NO.785 D06 . . • J. Advertising /Signage Existing on site K. Drainage L. Other: This CUP is subject to the terms and conditions of the agreement annexed hereto as Exhibit "B" and incorporated herein by reference. III. REVIEW Pursuant to Order of the City Council of the City of Oak Park Heights, a periodic review of this Conditional Use Permit is imposed as a condition of its grant. This Conditional Use Permit shall be reviewed on June 20, 2000 at the Direction of the City Clerk, which shall notify the permit holder of the date of the annual review at least ten (10) days prior to the review hearing. IN WITNESS WHEREOF, the parties have set forth their hands and seals. CITY OF OAK PARK HEIGHTS Date: By: David Schaaf Mayor Date: By: Thomas Melena City Administrator HUMAN SERVICES, INC. Date: By: Dr. Robert Butler HUMAN SERVICES, INC. Date: By: Mark Kuppe 05/03/1999 14:23 ECKBERG LAW 4 4390574 NO.785 007 • • EXHIBIT "A" 05/03/1999 14:23 ECKBERG LAW 4 4390574 NO.785 008 • • EXHIBIT "A" A temporary construction easement across the southwesterly 20 feet of Lot 5, Block 2, KERN CENTER 2ND ADDITION, Washington County, Minnesota 05/03/1999 14:23 ECKBERG LAW + 4390574 NO.785 P09 . . EXHIBIT "8" 05/03/1999 14:23 ECKBERG LAW 4 4390574 N0.785 010 • .! • 714RiT • WX R.E 19, W,A4T -g_ E i Luc_ a hinnesota •Corporation :is. the owner of real property located in the Kern '.Center, the same being identified by address and legal description .in annexed Exhibit "A ", the same being incorporated by reference :berein4 and, WHEREAS, the City of Oak Park Heights is currently in !: , rocees of , constructing, municipal water and sanitary sewer . '.:improvemente•wit2hin the Fern Center area; and, WHEREAS, property owner wiehee to connect to municipal ,;water and sewer services and implement a fire muppreaeion system ' ,through its premises and buildings that are constructed or to be .. •constructed • upon the aforementioned property, but requires . • '.additional time: with which tO implement the improvements that will . ,be necessary_ by way of installing a eprinkling system for fire ;suppression and making other building improvements as will be • necessary to.convert the property over to municipal water service; , ! sand. WHEREAS, the City of Oak Park Heights will not have the . . municipal water system completely constructed nor activated for : purposes of use until some time during the summer of 1999; and, • WHEREAS, the property owner desires to make commitment to . .the City of oak Park Heights to make connection to municipal water • ' ;, and implement fire suppression systems, all pursuant to ',..;the building code. as adopted by the City of Oak Park Heights, but U5/03/1999 14:23 ECKEERG LAW 4 4390574 NO.795 D11 SrNT BY: • 4 -21 -99 :10 :12AM ; BA[rNIGAN & .. Y - + 4397758:#4/5 • reeds to obtain or apply for building permits and /or certificates . o2 occupancy on,an interim basis until all final improvements are NOW THEREFORE, be it agreed by and between W.A.T.A •: jnc. ,and the City of Oak Park Heights as follows: 1. That _2611,a,g,. a=2rise • as the property :':: owner of property identified in Exhibit "A ", agrees and commits to the City of oak.Park Heights that it will make connection to the • .;City municipal water system and activate fire suppression systems as are rsquired.to be implemented upon its property no later than ..Tuly 1 of the year 2000. 2. That the City for its part in exchange and in . , ' recognition of the commitment made by the property owner does ,thereby agree to issue building permits and /or interim certificates . of occupancy to allow the property Miner to implement and construct the neceeeary improvements upon their property to make the same • ready for connection for municipal water services and for implementation of fire suppression systems as are required by the ,building code ae adopted.by the City of Oak Park Heights. 3, That both the property owner and the City understand that a final certificate of occupancy will be issued by the City of • !Oak Park Heights after completion of all requirements of the ;building under the City:s ordinances and the building code on or .after July 1, 2000, provided that the property owner has made • • . ..connection to •the city water system by that date and has • implemented a fire suppression system within its building. The property owner acknowledges that in the event that it has not • • 05/03/1999 14:23 ECKBERG LAW 4 4390574 N0.785 012 sec BY: • 4-21-99 :10 :13AX ; BANN 1 GAN & OY- 4397758:# 5/ 5 ' : ?performed in ite and connected to the city water system .•by July 2, 2000, activating fire, suppression systems that use said I. ; uuuicipal water system the city may cancel all permits issued under ..01.0 agreement and prohibit further use of the structure until ::property owner compliance with the building code and city ;ordinances are obtained. W.A.T.E. Enterprises Inc. q ::juste:. ! Its: CITY OR 0 HEIGHTS: ' .Date By: David D. Schaaf Mayor By . Deputy City Clerk :;; .1 • •